Stipulated Divorce HearingIn a stipulated divorce hearing, both parties come to terms on elements of their case and are able to form a written agreement that's approved by the court. This stipulation is a complete agreement, leaving no contested issues, and must cover every aspect of the stipulated divorce while not excluding any issues that require a judge’s decision.

What are the steps in getting a stipulated divorce?

  • File summons and petition for divorce.
  • Prepare financial disclosure statement.
  • Attend temporary oders hearing if required.
  • If there's a dispute on custody and placement, there would be mediation.
  • Gather necessary proof on assets and debts (financial information).
  • Negotiate the marital settlement agreement.
  • Attend the final hearing.
  • Please note, each case is unique and my have steps added or subtracted.

Divorce can often times become a very complicated and time consuming process. Contested divorces occur when the divorcing parties cannot manage to agree on key issues. These kinds of divorces are very common. Although there are situations where both parties manage to agree on most issues. In these cases, they can agree to a stipulated divorce. Here we provide a brief overview of a stipulated divorce and the requirements needed to successfully carry one out.

A stipulated divorce option is similar to the uncontested divorce option found in other states. Although there are legal requirements in order to carry out a stipulated divorce.

First and foremost, a stipulated agreement must be voluntary and understood completely by both parties before it is signed. The agreement must cover every area of the divorce – nothing can be left out. During the time of official filing and the final divorce judgment, temporary orders may be sought. This can also be a part of the stipulation. These temporary orders established the rights of both parties while awaiting the final divorce judgment.

Click here to learn more about changing your name during a divorce.

Even though the parties may create an agreement that covers the terms of the divorce, filing for the divorce will remain the same: It still must be done in a Wisconsin circuit court. Also, because both parties have contributed to the creation and signing of the joint petition, they may waive the requirements for service of process.

No matter the scenario, a stipulated divorce stands a much better chance of running smoothly and being approved by the court with the aid of an experienced attorney. He/she can help in the mediation process in order to assist both parties in coming to terms in the stipulation. He/she can also assist in the creation of the agreement. Through representation, you will find that much of the burden of divorce is taken off your shoulders. The process becomes much easier, allowing you to focus on what is important – taking care of yourself and/or children.

Dan Exner, J.D.

Family Law Attorney

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